Can I still receive social security payments if I go overseas?

In Plain English

Whether you can continue receiving social security payments while overseas depends on the type of payment you receive and how long you'll be away.

  • General Rule: Generally, social security payments stop if you're outside Australia, unless your absence is considered an "allowable absence" and you're within the "maximum portability period" for that payment.
  • Age Pension: If you're an age pensioner and continuously absent from Australia for more than 26 weeks, your pension rate will be calculated using a "Pension Portability Rate Calculator," which may reduce your payment. However, this may be extended by the Secretary in certain circumstances.
  • Disability Support Pension (DSP): DSP recipients generally have 28 days of portability in a 12-month period. In some cases, this can be extended.
  • Other Payments: Jobseeker Payment, Youth Allowance, and Special Benefit may continue for up to six weeks if you're temporarily overseas for a specified purpose, including a "humanitarian purpose".
  • International Agreements: If Australia has a social security agreement with another country, your eligibility and payment amount might be affected. For example, agreements with New Zealand, Canada and Switzerland have specific rules about exporting benefits.
  • Short-Term Residence: If you've recently become an Australian resident again and are granted a pension shortly after, that pension might not be payable while you're outside Australia.
  • Humanitarian Purposes: If you are overseas for a humanitarian purpose, such as competing in the Paralympic Games, your payment may continue for a certain period.

Detailed Explanation

Your ability to receive social security payments while overseas is governed by several factors, including the type of payment, the length of your absence, and any relevant international agreements.

The Social Security Act 1991 outlines the general rules for overseas portability. Section 1217 states that payments may not be made to a person absent from Australia unless the absence is an allowable absence and within the maximum portability period.

Specific Payment Types:

  • Age Pension: Section 1220A of the Social Security Act 1991 addresses the rate of age pension for those continuously absent from Australia for more than 26 weeks. In such cases, the pension rate is calculated using the Pension Portability Rate Calculator. However, subsection 1220A(1A) allows the Secretary to determine that the 26-week period be extended if the person is unable to return to Australia due to specific events like a serious accident, illness, or natural disaster as outlined in subsections 1220A(1B) and 1220A(1C).
  • Disability Support Pension (DSP): Generally, DSP recipients are eligible for 28 days of portability in a rolling 12-month period as per item 2 of subsection 1217(4) of the Social Security Act 1991. However, there are exceptions. Sections 1218AAA and 1218AA of the Social Security Act 1991 provide for an unlimited portability period for severely impaired or terminally ill DSP recipients under specific circumstances.
  • Jobseeker Payment, Youth Allowance, Special Benefit: According to the explanatory statement of the Social Security Regulations 2022, recipients of these payments may continue to receive them for up to six weeks while temporarily absent overseas for a specified purpose, including a "humanitarian purpose".
  • Carer Payment: According to Chunk 25 of the Social Security (International Agreements) Act 1999, a person in receipt of an Australian carer payment by virtue of this Agreement, goes to a third country temporarily, that benefit shall continue to be payable for the period that the social security law of Australia provides that a person who is absent from Australia remains entitled to the carer payment, disregarding any exceptions .

International Agreements:

Australia has social security agreements with various countries, which can affect benefit portability. For example:

Short-Term Residence:

Section 1220 of the Social Security Act 1991 states that if a person becomes an Australian resident again and is granted an age pension or disability support pension within two years, that pension is not payable during any period the person is outside Australia, unless financial assistance is payable under the Medical Treatment Overseas Program. Section 58M of the Veterans' Entitlements Act 1986 has similar provisions.

Humanitarian Purposes:

Section 6 of the Social Security Regulations 2022 specifies the meaning of "humanitarian purpose" for the purposes of paragraph 1212B(c) of the Social Security Act 1991. This includes participation in the Paralympic Games or attendance at an approved memorial service. If a recipient of Jobseeker Payment, Youth Allowance, Special Benefit, or Disability Support Pension is temporarily absent overseas for any of these humanitarian purposes, their payment may be continued for a certain period.

Important Considerations: